High CourtsSingle Bench(2014) 03 CHH CK 0001

Dinesh Tiwari vs State of C.G.

Chhattisgarh High Court · Decided on 7 March 2014 · Citation: (2014) 2 CGLJ 280

HON’BLE JUDGES
Pritinker Diwaker, J
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 214 of 2010

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Judgment

6 paragraphs · 250 words

Pritinker Diwaker, J.

1.

Heard on I.A. No. 01/14, application for suspension of sentence and grant of bail. Earlier applications were rejected on merits and thereafter his subsequent applications were dismissed as withdrawn.

2.

Shri Verma, counsel for the appellant No. 1 submits that the appellant is in jail since last more than five and half years, his application for urgent hearing of the appeal has already been dismissed and thus there is no likelihood of final hearing of the present appeal and therefore he may be released on bail.

3.

On the other hand, counsel for the State opposes the application for bail.

4.

Considering the totality of the facts, in particular the detention period of the appellant, other accused persons have been released on bail, without further commenting on merits, I am inclined to release appellant No. 1 on bail. Accordingly, the application is allowed.

5.

It is directed that the jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 75,000/- with two surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 02.06.2014 and thereafter on such other dates as may be fixed in this behalf. It is made clear that the appellant would be entitled for bail only if he deposits the entire fine amount as imposed by the trial court.